Illinois Appellate Court
Criminal Court
Aggravated DUI
Defendant, a commercial motor vehicle driver, was charged with aggravated DUI under Illinois Motor Carrier Safety Law (IMCSL), and court granted Defendant's motion to suppress evidence of breath test administered 4 1/2 hours after arrest. As State did not charge Defendant under the Uniform Commercial Driver's License Act (UCDLA), Section 6-500 of the UCDLA, defining alcohol concentration as per breath test taken within two hours of being stopped, is inapplicable to prosecution under the IMCSL. (WRIGHT, concurring; HOLDRIDGE, specially concurring.)